Patna High Court
Shivnand Kumar @ Shivanand KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the petitioner’s clean antecedent and the absence of a specific allegation against him, bail could be granted under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners filed a pre‑arrest bail application; petitioner No.2 later withdrew his petition, which the court allowed and dismissed as withdrawn. Petitioner No.1 sought bail for offences under sections 126(2), 115(2), 118(1), 117(2), 117(4), 109, 103, 190, 191(2) and 191(3) of the Bharatiya Nagarik Suraksha Sanhita, arising from an alleged assault that resulted in the death of an informant's husband. The prosecution alleged that the accused, including the petitioner, forcibly ploughed the informant's land and assaulted the family with iron rods and lathis. The petitioner contended that the FIR made only a general allegation against him, that specific assault charges were directed at other co‑accused, and that he has a clean antecedent. Considering the clean antecedent and lack of specific accusation, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNS.
Issues considered
- Whether bail should be granted to petitioner No.1 under the Bharatiya Nagarik Suraksha Sanhita despite the serious nature of the offences alleged.
- Whether the withdrawal of the pre‑arrest bail petition by petitioner No.2 is permissible.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- bail
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- pre‑arrest bail
- withdrawal of petition
- section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78209 of 2025
Arising Out of PS. Case No.-2 Year-2025 Thana- BATHWARIA District- West Champaran
======================================================
1 . Shivnand Kumar @ Shivanand Kumar S/O Bharat Yadav R/O Village -
Garib Shahi, P.S.- Bathwariya, Dist.- West Champaran
2. Gamha Yadav @ Gamma Yadav S/O Paras Yadav @ Ramprasad Yadav R/O
Village - Garib Shahi (Bathwariya), P.S.- Bathwariya, Dist.- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Milind Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Renuka Ratnakar (125) , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 05-02-2026 At the outset, learned counsel for the petitioners seek
permission to withdraw the pre-arrest bail petition of petitioner
No. 2.
2. Permission is accorded.
3 . This bail petition with respect to petitioner No. 2 is
dismissed as withdrawn .
4. Heard learned counsel for the petitioner No. 1 and
the State .
5 . Petitioner No. 1 apprehends his arrest in a case
registered for the offence punishable under sections 126 ( 2 ),
115 ( 2 ), 118 (1 , 117 ( 2 ), 117 ( 4 ), 109, 103 , 190, 191 ( 2 )
and 191 (3) of BNS.
Patna High Court CR. MISC. No.78209 of 2025(3) dt.05-02-2026
2/3
6. The prosecution case, in brief, is that on 12.01.2025
at 10 AM, informant received information that all the F.I.R.
named accused persons, including this petitioner, were forcibly
ploughing land of informant by tractor. On protest, by husband
and other family members of the informant, the accused persons
assaulted them by means of iron rod, lathi, etc as a result of
which husband of informant died on way to hospital.
7. Learned counsel for the petitioner submitted that
allegation of assault is general and omnibus against petitioner
No. 1 . As per F.I.R. 13 named 5 to 6 unknown persons
participated in the alleged occurrence . Specific accusation of
assault to deceased is against other co-accused persons.
Petitioner is not alleged to have assaulted the deceased.
Petitioner claims clean antecedent.
8 . Learned counsel for the State opposed the bail
petition .
9. Considering the aforesaid facts, clean antecedent
of the petitioner and other circumstances of the case , in the
event of arrest or surrender within eight weeks from today, let
the petitioner No. 1 , as named above, be enlarged on bail on
furnishing bail bond of Rs.10,000/-(ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.78209 of 2025(3) dt.05-02-2026
3/3
Additional Chief Judicial Magistrate 2nd Bagaha West
Champaran in connection with Bhathwariya P.S. Case No. 02
of 2025 , subject to the conditions laid down under section
482(2) of the Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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